What Do I Do About This Neighbor?

[Pestle]

This is the second time I've posted a classified ad on Nextdoor and had this guy respond like this:

"I would like to stop by and look at the permits you have from the city to allow a day care/ child care center in your home"

So I just said this:
"[Name], please refer to the state and city codes. I am not operating a child care center; I am operating a family day care. I have been in contact with the city and am operating as a regulated family day care provider. If you are ever in the market for day care, I'd be happy to get in touch with you."

He really seems to want to shut me down. He told me last time that somebody else tried to open up a day care but got shut down.

So what am I dealing with here? Is he likely to try to get the authorities to come to my house? I keep my chain lock on the door all the time, so if he comes around snooping I won't just let him in, but now I'm afraid he's going to shut my day care down just as it gets started.

Any tips?

[Pestle]

I've been through the city zoning laws several times and only see special permits required for child care centers, BTW.

[spedmommy4]

I've been through the city zoning laws several times and only see special permits required for child care centers, BTW.

Every city and state is so different on the permits they require. Where I just moved from, a special permit was required and I would have happily responded just the way you did with a reference to my county permit number.

The county I live in now is like yours. Family daycare is the only home based business that doesn't require a permit. My county has a brochure that references the law and, in your shoes, I would attach a reference to something like that for the guy. Usually it shuts people like that down pretty quick when they know you are operating within the law and there isn't anything they can do.

[childcaremom]

This is the second time I've posted a classified ad on Nextdoor and had this guy respond like this:

"I would like to stop by and look at the permits you have from the city to allow a day care/ child care center in your home"

So I just said this:
"[Name], please refer to the state and city codes. I am not operating a child care center; I am operating a family day care. I have been in contact with the city and am operating as a regulated family day care provider. If you are ever in the market for day care, I'd be happy to get in touch with you."

He really seems to want to shut me down. He told me last time that somebody else tried to open up a day care but got shut down.

So what am I dealing with here? Is he likely to try to get the authorities to come to my house? I keep my chain lock on the door all the time, so if he comes around snooping I won't just let him in, but now I'm afraid he's going to shut my day care down just as it gets started.

Any tips?

Is he your neighbour? Do you know him?

I honestly would not respond to him again. As long as you have all your bases covered, I would not worry.

[Josiegirl]

Contact your town officials and your licensing just to double check you're 100% within operating legally. Then ignore him.

Does he not like kids or something?? I do know before I started this a million years ago, I had to go through zoning to get permission. Part of that was getting my neighbors to sign a paper saying they were okay with a home daycare in the neighborhood. But needing a permit here? Nope.

[BabyMonkeys]

This is the second time I've posted a classified ad on Nextdoor and had this guy respond like this:

"I would like to stop by and look at the permits you have from the city to allow a day care/ child care center in your home"

So I just said this:
"[Name], please refer to the state and city codes. I am not operating a child care center; I am operating a family day care. I have been in contact with the city and am operating as a regulated family day care provider. If you are ever in the market for day care, I'd be happy to get in touch with you."

He really seems to want to shut me down. He told me last time that somebody else tried to open up a day care but got shut down.

So what am I dealing with here? Is he likely to try to get the authorities to come to my house? I keep my chain lock on the door all the time, so if he comes around snooping I won't just let him in, but now I'm afraid he's going to shut my day care down just as it gets started.

Any tips?

"I'm sorry but for the safety of children I do not give out my address. You may research the code requirements by calling *** or by looking at *** website."

[CityGarden]

I agree with double checking that all of your zoning / permits / licensing paper work is in order, then ignoring him. You already fully responded to him so you own him nothing else.

Something similar happened on a FB Group I am on and I took note of how the provider responded. She noted that sometimes neighbors are just worried about something simple.... like how parking and flow of traffic on their street will be impacted or noise levels if someone works from home, etc. and noted she was very conscious of potential items of concern and would be happy to privately discuss any of them directly with anyone concerned. She also said out of the respect for the children in her program she has set Open House dates and that any and all are welcome to come on those days. (I know from past post that her husband is there the days of the Open House to help out so I imagine she would feel safer at those times).

[Alwaysgreener]

I would double check too. Then respond like this but worded better. Hello xxx, I have checked all the city reg and permits. If you feel that I have missed one, please let me know so I can get it corrected.

Do this and put the ball in his court.

[Pestle]

It has gotten so much worse! Look at the comments that continued while we were out of town visiting family today:

-what is the name of your family day care

-I was wondering if you are considering it regulated or unregulated...state laws and codes are different depending on which it is...

-I do know the difference between a daycare center and a family day care center. It appears that she is attempting to disguise a daycare center as a family day care and set it up in a residential area. This is an issue that we need to bring to zoning and other Chattanooga agencies to make sure this is actually legitimate. I personally do not want the additional traffic this will bring into the neighborhood as a family day care center or a daycare center whichever you may choose to call it. If you review the pictures posted it looks like it is set up totally as a business not as a residence.

-I don't know the [family name] but unless there is a specific traffic issues impacting you personally, let's not overact. I think it is OK if our neighbors want to create a small home business, trying to survive this dismal economy. If the traffic becomes an issue, approach your neighbor, being a good neighbor, and have a discussion about the issue and work with them to solve it. Why would you want to get the government involved.
Daycare is an issue all working families with small children are trying to solve without costing them an arm an leg. If a neighbor, who you trust and know, wants to make some extra money and take care of neighborhood kids for working families, I am in full support. It is a win for everyone, especially the working families and kids.

-My concern is not traffic and yes there are legitimate Inhome facilities. I am by no means a BIG government advocate however I did work for Human Services for 30 years and there are laws regarding day care/family care providers for a good reason. All legitimate providers will have proof of their certification.

-I have asked our council person [name] to look into this

And my response:

Neighbors, I am running a family day care. A family day care has no need for a special permit and is acceptable in zone R1 in the [City]. A family day care has up to 7 children if it is licensed; a regulated but unlicensed family day care has up to 4. I currently have 3 children and am looking to add a fourth. Since my home is 2 blocks from [entry road to neighborhood] and can fit 3 cars in the driveway, I do not believe you will experience any change in the traffic at your own homes.

I am pursuing my license, but the City does not yet have any projected date to kick off their next session for new licenses. I have been in touch with the City licensing office (several times) and am following their instructions.

I am a homeschooling mom. That's why my dining room is set up as a classroom! The carpeted space in the photos is a former carport that the previous homeowner converted into a very large bonus space, which is perfect for the children's playroom.

I'm flattered that you say it looks like a business; I have done a lot of hard work to ensure that my day care kids are in a safe, appropriate environment. Family day care is not a casual babysitting affair; it's my responsibility to provide a stable learning environment for the children of working parents. Since I used to work outside of the home, I know how stressful it is for parents to find reliable, quality care.

Since so much concern has been raised here, I will be contacting the City again tomorrow to double-check that I'm in full compliance with all requirements. I'm happy to be a homeowner in [neighborhood] and intend to be the best neighbor possible.

[LysesKids]

It has gotten so much worse! Look at the comments that continued while we were out of town visiting family today:

-what is the name of your family day care

-I was wondering if you are considering it regulated or unregulated...state laws and codes are different depending on which it is...

-I do know the difference between a daycare center and a family day care center. It appears that she is attempting to disguise a daycare center as a family day care and set it up in a residential area. This is an issue that we need to bring to zoning and other Chattanooga agencies to make sure this is actually legitimate. I personally do not want the additional traffic this will bring into the neighborhood as a family day care center or a daycare center whichever you may choose to call it. If you review the pictures posted it looks like it is set up totally as a business not as a residence.

-I don't know the [family name] but unless there is a specific traffic issues impacting you personally, let's not overact. I think it is OK if our neighbors want to create a small home business, trying to survive this dismal economy. If the traffic becomes an issue, approach your neighbor, being a good neighbor, and have a discussion about the issue and work with them to solve it. Why would you want to get the government involved.
Daycare is an issue all working families with small children are trying to solve without costing them an arm an leg. If a neighbor, who you trust and know, wants to make some extra money and take care of neighborhood kids for working families, I am in full support. It is a win for everyone, especially the working families and kids.

-My concern is not traffic and yes there are legitimate Inhome facilities. I am by no means a BIG government advocate however I did work for Human Services for 30 years and there are laws regarding day care/family care providers for a good reason. All legitimate providers will have proof of their certification.

-I have asked our council person [name] to look into this

And my response:

Neighbors, I am running a family day care. A family day care has no need for a special permit and is acceptable in zone R1 in the [City]. A family day care has up to 7 children if it is licensed; a regulated but unlicensed family day care has up to 4. I currently have 3 children and am looking to add a fourth. Since my home is 2 blocks from [entry road to neighborhood] and can fit 3 cars in the driveway, I do not believe you will experience any change in the traffic at your own homes.

I am pursuing my license, but the City does not yet have any projected date to kick off their next session for new licenses. I have been in touch with the City licensing office (several times) and am following their instructions.

I am a homeschooling mom. That's why my dining room is set up as a classroom! The carpeted space in the photos is a former carport that the previous homeowner converted into a very large bonus space, which is perfect for the children's playroom.

I'm flattered that you say it looks like a business; I have done a lot of hard work to ensure that my day care kids are in a safe, appropriate environment. Family day care is not a casual babysitting affair; it's my responsibility to provide a stable learning environment for the children of working parents. Since I used to work outside of the home, I know how stressful it is for parents to find reliable, quality care.

Since so much concern has been raised here, I will be contacting the City again tomorrow to double-check that I'm in full compliance with all requirements. I'm happy to be a homeowner in [neighborhood] and intend to be the best neighbor possible.

Yeah, I had issues a year ago where I live, (after being open 1.5 years already) because of a new person managing my community in Blount Co. I threatened legal action when she refused to back off even after showing her the laws & proof I was legal; the lawyer was enough to get her off my case.

Regardless of being legally licensed exempt or licensed, I can only take 4 infants because that is all I do; kids under 24 months. TN won't even do registration as an in between licensing & license exempt anymore unless you take Foster kids in for care (which I do)... that means jumping all the licensing rules except the requirement for manufactured housing being 24x 48 (mine is 14x56). The only other difference is I am not stuck in the QRIS garbage that licensed homes have to do ( it is not an option)

[Mike]

Personally, neighbor or not, unless this guy is some licensed authority looking into your business for a legitimate reason, I would just tell him you are running by all laws and regulations and ignore him.

[Pestle]

Thanks, LK! So it looks like the person who said she had oodles of experience and knows for sure that I need proof of registration . . . is either a troublemaker or just out-of-date on her info.

It was pretty terrifying to come home and find half a dozen neighbors having this discussion about me, and to learn that one has already reported me to the city council!

[Annalee]

Thanks, LK! So it looks like the person who said she had oodles of experience and knows for sure that I need proof of registration . . . is either a troublemaker or just out-of-date on her info.

It was pretty terrifying to come home and find half a dozen neighbors having this discussion about me, and to learn that one has already reported me to the city council!

Not sure what city you are in, but I am in Tennessee as well. There are big cities like Memphis and Nashville that not only have to meet licensing but city ordinances trump licensing....some areas affected are having a business/daycare, child/adult ratio, etc. I don't have this issue in my county but I hear others speak of these issues at workshops I have attended. Just get with your city/county officials and I am sure they can give you the rules/guidelines.... Good luck!

[Pestle]

Thanks, all! Yes, I've been through all the city zoning regulations, and I've spoken with the city licensing staff twice to make sure I'm in compliance . . . what a headache! When I came home and saw that half a dozen neighbors had all been continuing the initial conversation, and were making accusatory statements, and said they'd reported me to the city council, I freaked out.

[Bookworm]

IMO, this is on the edge of harassment. Once you've told him that you are within the law, he should have backed off. I agree with the others that you shouldn't respond to him anymore. If he continues, I would go the police.